« ПретходнаНастави »
sential in an appointment for life or years, or
ranto lies for exercising the office 704
custom, or under an express power in bis
steward can act by deputy as a matter of
of his principal
person disturbing his steward in holding the
and the parties amerced 706, n., 707
in a sum certain, without affeerment ib.
Page 707, 1., 709
.. ib., o.
in the highway, is confioed to distresses for
as in distress for non-performance of suit, ib.
tifying the distress for an amercement ..709
plead the amercement without aversiog the
for an amercement ex officio, but only by
questioned in a writ of error, or a moderata
appointed and sworn by the steward, but
averred, and it is not sufficient to rely on the
must express the names of the affeerors, and
ther C, and H. were afferratores curiæ pré.
must aver inhabitancy as well at the time of
steward, when in fact it was held before tbe
will not maintain an averment in the decla-
on the jury of the court leet and court baron,
certiorari to remove the proceedings out of
belonging to the Duchy of Lancaster are re-
court, after being estreated there .. 712
treated into the exchequer, and levied by
cess must be brought in the office of pleas in
treated, or extracted from the rolls, and the
matters properly cognizable there, as the
neglect of repairing highways, &c.
fine had been estreated into the exchequer,
the public good, and binding, 625, 0., 712, n.
LEET - continued.
cognized by ihe common law
petit constables as officers of tithings ib.
take in Yorkshire at a special petty sessions
a subsequent court of quarter sessions, 714, n.
c. 88, for the establishment of county and
constable was not created by the stat. of
stable for a vill or hamlet, where no such
when there may bave been one only ib.
the right was in the jury or the steward ..ib.
may be fined when present ..705, 715, 718
706, n., 715
assizes or quarter sessions 715, 718
fusal to perform the duties of the office [The
the party refused to be sworn, but sufficient
himself the execution of the office,
or should the oath be withheld, he is to go
before a justice of the peace to be sworn, 715
the justices in sessions may appoint one, 715
stable should die or go out of the parish, or
then only until the lord shall hold a court, ib.
constable chosen in leet by spleen, and the
S. 4. Election of Officers at Leet.
is in some manors elected by the jury of a
having the majority of votes, but have no
VIANDERS and other functionaries are some-
jury, and sworn in with the other officers, ib.
serving the office of constable for the hun-
constable cannot of his own authority appoint
from serving the office of constable ib.
gentleman of quality, where there are suffi-
a master of arts, has been compelled by the
charging persons from serving parish offices,
ficers frequently chosen at the court leet, 719
to a manor, and the court lect and court
baron are held together
bailiff, it is more of a private than a public
conferring a settlement. .719, 720, App. 1145
S. 5. The Jury and their Presentments.
inquired of and presented 703, 720, 728
quest to inquire of the concealment of other
Page 721, n.
presented in tourn, but the neglect must be
of a manor situate within a hundred, to which
inquire and make presentment at the next
jury continue in office for a whole year, ib., D.
an adjournment of the court must in soine
tions of Probyn, J., (as to such a custom) in
decision in Willcock v. Windsor, that by cus-
measures, and seize them if defective .. 726
the precise day of holding the court, and
whether the court exists by grant or pre-
replevin to allege seizin of the hundred.. id.
is within the jurisdiction of the court ..
all the king's subjects
way must state the locus ad quem as well as
dictment or inquisition by joll indented
under the seals of the jurors
next gaol delivery
ment by the grand jury
duction of the petit jury
denture said to serve for indiciment.. ib., 1.
the locus a quo
refuse to attend the court leet..706, 720, n.
steward may compel a stranger to be sworn,
by the jury first sworn 693, n., 721
guilty of wilful concealment .. 693, 721
of a leet jury was always inquirable there by
the writ of attaint against jurors, and an in-
sealed or indented
Articles presentable there.
queror many were punishable with death or
is to inquire of, and afterwards certify to the
punishable in leet by fine, &c.
lands, and also of the goods, &c., belonging to
in court leet) to 9 Geo. 4, c. 65, repealing
MANDAMUS; PORTREEVE; POUND-KEEPER.
ing of, according to a recent decision,523, n.
manors, a licence by the lord to alien ancient
283, n., 575, n.
whether parceners could have made partition
or out of court) as of course, on payment of
LICENCES, &c. continued.
sum paid to the lord will, of course, be en-
Page 458, n.
&c., would be a confirmation of the licence, ib.
from acts coming under the view of the
extent, a second lease on the surrender of
for three years if he so long lived, a lease for
dent, but not on a condition subsequent, 460
with the land, and therefore that a lease
good, and not create a forfeiture 460
ling down houses in a ruinous state and to
or forfeiture, if the licence were granted by
him, or a former lord seized in fee ib.
copyholds in regard to a deposit of evidences
holder cannot limit an estate to his right
43, n., 295
adverse possession done away with by 3 & 4
464, n., 1028, n.
manors and copyholds 82, 356, 471
LIMITATION OF TIME- continued.
Page 473, &c.
deed, or reserved on particular estates, 481, n.
que trust, except as to constructive trusts (but
rears of dower to six years, 542, a., App. 1034
EQUITY OF REDEMPTION; FixE; Pre-
by a lease by parol (except for a term not
act in respect of his demesnes, as well as an
take the surrender to a trustee, or regrant
seized in fee, with an executory devise over, 36
freehold is not a regrant in equity in favour
power to grant would bind the remainder-
LORD OF THE MANOR-continued.
by a lord who has a limited interest, except
Page 94, 95
therefore admittances by disseisors, &c., are
204, 205, n., 231, 1.
franchisement act is declaratory of that role
seize and admit the rightful claimant
a common law assurance, or if the land be
estate to the cestui que vies, unless by
an inheritance, or an estate for life only...
of the trustee, to enable him to try his title
trusts to which he is not privy .. 100, 407
escheat, except perhaps when he has ac;
cepted notice of a trust
will not be good as a new grant .. 101, 149
right of his wife, (the wife, however, must
and is disabled to grant copyholds ib.
before his disease of mind, is good ib.
a man marries an infant feme seignioress, 93
may regrant at apportioned rents
granted for life, and with a grant of the re-